08ESMF00-2015-F-0081 Sir Francis Drake Boulevard Imporvement Project.pdf

United States Department of the Interior

In Reply Refer to:

0SESMF00-

2015-F-0081

Nate Allen, P.E.

Attn: Timberley Belish

FISH AND WILDLIFE Service Sacramento Fish and Wildlife Office

2800 Cottage Way, Suite W-2605 Sacramento, California 95825-1846

U. S. Department of Transportation Federal Highway Administration Central Federal Lands Highway Division 12300 W. Dakota Ave. Suite 380 Lakewood, Colorado 80228

FEB 2 8 2019

Subject: Formal Consultation on Sir Francis Drake Boulevard Improvement Project in Marin County, California.

Dear Mr. Allen:

This letter is in response to your June 19, 2014, request for initiation of consultation with the U.S.

Fish and Wildlife Service (Service) on the Sir Francis Drake Boulevard Improvement Project (Project) in Marin County, California. Your request was received on June 23, 2014. At issue are the potential effects of the proposed project on the threatened California red-legged frog (Rana drqytoniz) and its critical habitat, the federally threatened yellow-billed cuckoo (CocryZ}tS americamts), the federally threatened northern spotted owl (Sttix occidentalis camina) and the federally endangered Myrtle's silverspot butterfly (sprye1ia zerene nry1tleae). This response is provided under the authority of the Endangered Species Act of 1973, as amended (16 U.S.C. § 1531 et seq.)(Act), and in accordance with the implementing regulations pertaining to interagency cooperation (50 CFR 402).

The federal action on which we are consulting is the Sir Francis Drake Boulevard (SFDB) Improvement Project as proposed by the Federal Highway Administration, Central Federal Lands Highway Division. Pursuant to 50 CFR 402.12G), a Biological Assessment (BA) was submitted for review and requested concurrence with the findings presented therein. These findings conclude that the proposed project may affect, and is likely to adversely affect the California red-legged frog and its critical habitat, and not likely to adversely affect the yellow-billed cuckoo, the northern spotted owl, and the Myrtle's silverspot butterfly.

In considering your request, we based our evaluation on the following: (1) The 2018 final permitting package including previously submitted 2014 Biological Assessments and the 2015 and 2018 addendums, appendices, and attachments; and (2) other information available to the Service. The remainder of this document provides our biological opinion on the effects of the proposed project on California red-legged frog and its critical habitat.

The Service concurs that Project effects on the yellow-billed cuckoo and the northern spotted owl are insignificant and discountable and therefore, not likely to adversely affect this species. This

Nate Allen, P.E 2 determination is based upon the conservation measures incorporated into the Project, the limited nesting habitat for either species in the Action Area, and that the Project will follow an existing road so no new effects will occur to these species.

The Service concurs that Project effects on Myrtle's silverspot butterfly are insignificant and discountable and therefore, not likely to adversely affect this species. This determination is based upon the conservation measures incorporated into the Project, and the lack of host plants in the roadway. The butterfly is primarily associated with the surrounding grasslands, and based on their local distribution unlikely to be encountered during the Project.

Consultation History

June 23, 2014

January 7, 2015

July 23, 2015

August 27, 2015

November 29, 2016

March 16, 2018

The Service received a request for consultation on the Project.

The Service requested additional information to begin Formal Consultation including a mitigation plan for California red-legged frog.

An addendum and mitigation plan was submitted to the Service.

The Service met in the Project Area to discuss effects and location of Mitigation Ponds.

The Service attended an all agency meeting to update all parties of changes to the Project and site visit.

The Service received the final addendum to the Biological Assessment for the Project.

BIOLOGICAL OPINION

Description of the Action

The Proposed Action consists of 10 miles of 3R improvements (resurfacing, restoration, and rehabilitation) and two miles of 4R improvements (full reconstmction) to SFDB. The majority of these improvements have been designed to follow the existing roadway alignment in order to minimize impacts to the natural terrain. In general, the Project will widen the roadway 1 to 6 feet to maintain a consistent 24-foot paved width with two 11-foot travel lanes, 1-foot paved shoulders, and 1-foot wide graveled areas on each side of the paved surface of the road. The total pavement width will be 4 to 8 feet less than American Association of State Highway and Transportation Officials (AASHTO) and National Park Service (NPS) published guidelines. Given the sensitive environment, the proposed width is intended to allow much of the construction to occur within the existing roadway bench and the existing 60-foot-wide Marin County easement while providing for a rehabilitated pavement section.

Roadway widening will include pulverizing the existing asphalt pavement, overlaying with 4 inches of asphalt pavement, striping, and ditch reconditioning (regrading with dense vegetation removal as needed). Paved ditches between 1 and 4 feet wide with asphalt curbs are proposed in specific areas to minimize cut slopes, which will minimize overall ground disturbance, particularly to adjacent wetlands and other sensitive plant communities.

Nate Allen, P.E 3

Existing 15- and 18-inch culverts along SFDB will generally be replaced with 24-inch culverts. Fifty six of the existing culverts will be replaced, most of which will not require armoring because they are located in relatively flat areas where anticipated flows and thick vegetation will preclude the need for riprap. At culverts requiring armoring Class 2 and/ or Class 3 riprap will be placed at culvert outlets.

At existing pullouts along the project corridor, a 5-foot asphalt apron (edge) will be added over the existing aggregate surface, and some pullouts will be resurfaced with aggregate. As noted below in the localized reconstmction and safety improvements, only one pullout will be paved in its entirety.

The remainder will maintain aggregate surfacing with the exception of the 5-foot asphalt apron.

Existing paved pullouts will be pulverized and repaved.

The clear zone, which is the area available for safe recovery by errant vehicles, will be improved through removal of obstructions, including clearing vegetation adjacent to the roadway as feasible.

In order to minimize ground disturbance adjacent to waters of the U.S. and other sensitive resources, the clear zone will vary between 3 feet wide and the AASHTO minimum design standard width of 12 feet wide.

The Proposed Action includes localized reconstruction and safety improvements in certain areas, as described below:

• Between approximately STA 45+46 and STA 70+00, the vertical alignment of the roadway will be flattened and side slopes will be cut back, as needed, to improve sight distance.

• Between STA 101 +00 and STA 112+00, near Historic B Ranch, the existing slope on the west side of the roadway will be cut back to accommodate the wider roadway.

• Between approximately STA 217+17 and STA 222+88, the surface of the roadway will be tilted or banked through the curve to improve driver safety, and side slopes cut back to improve sight distance.

• The two existing 6-foot by 10- to 11-foot wooden deck cattle under-crossings at STA 378+89 and STA 390+36 will be replaced with concrete box culverts approximately 8 feet high and 12 feet wide. The box culverts will be installed 2 feet below the existing ground surface to maintain a natural dirt floor.

• The two existing 84-inch diameter cormgated metal pipe (CMP) culverts at Schooner Creek (approximately STA 490+00) will be replaced with 57-foot-long, single-span bridge. The structure is designed to provide improved fish passage by reducing tidal and stormwater flow velocities. Approximately 750 feet of the roadway will be realigned by up to 12 feet to improve safety along the horizontal curves approaching the bridge, and the grade of the roadway will be raised by up to 3 feet (highest point over Schooner Creek).

• The existing gravel pullout (approximately 0.06 acre in size) at approximately STA 499+29 by Schooner Bay will be paved with 4 inches of asphalt pavement to reduce erosion and maintenance.

• Between approximately STA 499+45 and STA 533+00, the roadway will be raised 1 to 4 feet

Nate Allen, P.E 4 and relocated approximately 12 feet to the south to reduce flooding of the roadway and shift the roadway alignment away from the East Schooner Creek channel. Asphalt curb and gutter will be installed along the length of this section.

• The existing 60-inch diameter elliptical arch culvert at East Schooner Creek STA 529+37 will be replaced with a 12-foot by 6-foot by 64-foot concrete box culvert. The culvert will be installed at least one foot below the existing channel bed to maintain a natural bottom and accommodate fish and other wildlife passage within East Schooner Creek.

• Approximately 710 feet of biotechnical bank stabilization will be installed to re-establish the roadway embankment between STA 549+00 and STA 554+00 and STA 572+11 and STA 5 7 4+ 21. East Schooner Creek is currently eroding the roadway embankment thus affecting structural integrity of the roadway, driver safety, and actively increasing sediment loading into East Schooner Creek. Thus, under current conditions, water quality and aquatic habitat within the channel are adversely affected.

In addition, to accommodate wetland mitigation at Drakes Beach, the Drakes Beach parking lot will be reconfigured from 399 spaces to 314 spaces.

Schooner Creek Culverts

The two existing 84-inch diameter corrugated metal culverts at Schooner Creek (project mile (Pivl) 9.2; Project Station 490+21) will be replaced with an approximately 57-foot-long, single- span bridge rather than an open-bottom arch structure as was outlined in the 2014 BA. Between PM 9 .1 and PM

9.3 (Project Station 488+00 and 495+50), approximately 750 feet of the roadway will be re-aligned by up to 12 feet to improve safety along the horizontal curves approaching the bridge, and the grade of the roadway will be raised by up to 3 feet (highest point over Schooner Creek).

Removal of the twin culverts and the installation of the new bridge structure at Schooner Creek near PM 9 .2 will likely occur in at least two phases-one upstream and one downstream-to allow traffic to continue across SFDB. As mentioned in the original BA, all work in this area will be performed during the dry season Guly 1-October 15) and during low tide. With these timing restrictions flows in the work zone are anticipated to be mainly freshwater low flows from Schooner and East Schooner creeks where flows are approximately 6 feet wide and a few inches deep. These flows can be temporarily diverted to isolate flow from work zones.

Both the upstream and downstream phases include the same actions. Shallow trenches will be excavated within existing road fill at the bridge abutment locations to drill the caissons and pour the abutment cap. The existing roadway fill will se1-ve as berms for this construction to provide dty working areas at each abutment, with a small manmade berm required at the southwest corner of the bridge where the bridge abutment is higher than the existing fill. Minimal excavation in the middle of the Schooner Creek channel will be required in order to remove the existing road fill and half of the culverts during each phase. Therefore, ordina1y stream flows could be maintained through the work zone by diverting channel flows into one of the 84-inch culverts or a tempora1y flexible plastic corrugated pipe the length of the work zone. Some in- channel work will occur on the upstream and downstream sides of the creek for minor channel shaping and to install riprap for bridge abutment scour protection prior to placing bridge beams and decking during each phase. Flows will be

Nate Allen, P.E maintained dming constrnction of the bridge foundations and isolated from work zone dming placement of riprap for abutment protection.

East Schooner Creek Embankment Stabilization

Between approximately PM 10.3 and PM 10.8 (specifically, Project Station 549+00 to Station 554+00 and Station 572+11 to Station 574+21), East Schooner Creek has eroded away portions of the SFDB roadway embankment. The channel in these locations varies between 4 and 12 feet wide and is approximately 18-24 inches in depth. Presently, the eroding roadfill is degrading aquatic habitat and water quality conditions through deposition of eroded sediment and there is a risk of road failme. To restore and stabilize the roadway, approximately 710 feet of biotechnical bank stabilization will be installed to re-establish the roadway embankment in this area. Cmrently, design is in the conceptual stages. Based on coordination with the Regional Water Quality Control Board (RWQCB), the U.S. Army Corps of Engineers (USACE), and Marin County, the design is anticipated to include either vegetated soil lifts or a geogrid wall with a vegetated base, including willow stakes. Bmied riprap at the toe of slope is expected to further prevent scouring.

The intent of the design is to maintain the channel in its cmrent location. The design may be unable to achieve a 1.5:1 or steeper slope face while also ensuring integrity of the roadway. For this reason, it is possible that approximately 710 feet of the East Schooner Creek channel may be relocated 6-8 feet east-southeast. This design will maintain the existing lineal feet, width, and depth of the channel.

Wetland Mitigation at Drakes Beach Parking Lot

To compensate for permanent wetland impacts as a result of roadway improvements, construction of a wetland mitigation site is proposed at the Drakes Beach parking lot. Construction of the parking lot in the 19 50s and 1960s resulted in filling a large wetland adjacent to Drakes Beach. The Action Alternative will remove approximately half of the existing parking lot (approximately 2 acres) in an effort to re-establish the historic wetland. The parking lot will be reconfigmed from 399 spaces to 314 spaces. Surrounding upland areas will also be excavated to expand the mitigation site. Based on conceptual design, total wetland creation is anticipated to be approximately 2 acres of freshwater wetland with brackish components.

The work to create the wetland will consist of removing the existing pavement and approximately 2- 4 feet of the underlying soil. Removal of this upper soil layer will help to eliminate any materials or toxins that may have leached from the parking lot smface. After removal of this soil, compaction within the site will likely have to be reduced through the use of heavy equipment such as scrapers, dozers with rippers, and/ or trackhoe excavators. Once compaction is addressed and preliminary constrnction elevation obtained, final grading with incorporation of organic matter will be necessa1y.

Finished elevations will be based upon hydraulics for the site based upon field monitoring of ground water elevations, analysis of National Oceanic and Atmospheric Administration (NOAA) tidal gauges, and updated field survey data.

The sanitary sewer line, which is currently located below the asphalt segment of the Peter Behr Overlook Trail between Drakes Beach and the parking lot, will be lowered in place to facilitate restoration activities. The footpath, which leads to the scenic overlook trailhead, will be maintained for access to the overlook but the asphalt will be removed. The asphalt is anticipated to be replaced with either a moveable mat system or with pin and pole fencing to delineate the trail and facilitate restoration to a more natural dune. In addition, there are three existing 24-inch cormgated metal pipe culverts located at the southern tip of the parking lot through which an unnamed intermittent stream flows into Drakes Bay. These culverts may either be (1) replaced with a pipe culvert that will maintain the desired hydroperiod for the wetland site or (2) the culverts will be removed and the beach head lowered to an elevation that achieves desired wetland mitigation acreage and function while allowing for tidal influence and interaction upon the wetland over time.

California Red-legged Frog Mitigation Sites

As discussed in the Biological Assessment Addendum and California red-legged frog Mitigation Plan (Jacobs, 2015), two ponds will be cons1:1ucted within Home Ranch to provide California red-legged frog aquatic breeding habitat. These ponds may also be used to achieve wetland mitigation requirements. The ponds will be constructed by excavating a pond bottom and side slopes, cons1:1ucting a small dam and emergency spillway, and revegetating with native plants. The first pond, referred to as Pond 9, is located approximately 1.25 miles south of the intersection of SFDB and Home Ranch Road. Pond 9 will be approximately 0.53 acres in size. The second pond, referred to as Pond 2, is located approximately 3.5 miles south of the intersection of SFDB and Home Ranch Road. Pond 2 will be approximately 0.35 acres in size. In order to construct the ponds, equipment access routes will be designated for use but no formal access roads will be cons1:1ucted.

Project Specific Environmental Commitments (PSEC)

Please see Appendix D of the Biological Assessment Addendum 2 for all environmental commitments (Enclosure). The PSEC listed are incorporated into the Biological Opinion by reference

Avoidance and Minimization Measures

To avoid and reduce impacts to special-status wildlife species, measures identified to offset these impacts will be implemented prior to and during cons1:1uction. Avoidance and minimization measures that will assist with the conse1-vation of all species and individual species discussed in this document are listed below.

All Species

1) Prior to const1uction, workers will receive Worker Environmental Awareness Training (WEAT) conducted by a qualified biologist. WEAT will include, but is not limited to, identification of relevant biological resources (e.g., special-status species that may be found in the project area), penalties for non-compliance, and an overview of conse1-vation measures and avoidance and mitigation measures that are required during cons1:1uction activities. Handouts summarizing information presented during WEAT and relevant contact information will be provided to the workers. Upon completion of training, employees will sign a form stating that they attended the training and understand all of the conse1-vation and protection measures.

2) All cons1:1uction equipment will be washed thoroughly to remove all dirt, plant, and other foreign material prior to entering the project area. Particular attention will be given to the under carriage and any surface where soil containing exotic seeds may exist. These efforts are critical to prevent the introduction and establishment of non-native plant species into the project area.

Arrangements will be made for inspections of each piece of equipment before entering the project. Records of inspections will be maintained. Equipment found operating on the project that has not been inspected, or that is leaking oil will be shut down and subject to citation.

3) To further minimize the introduction or spread of invasive species or non-native plant species, the contractor will: (1) cover fill material in haul trucks entering the park; (2) limit vehicle parking to existing roadways, parking lots, access routes or previously disturbed sites approved by the NPS; obtain all sand, rock, gravel, and erosion-control materials from NPS- approved sources that are free of weeds and non-degradable contaminants.

4) Excavated steep-walled holes or trenches more than 1 foot deep will be provided with one or more escape ramps constructed of earth fill or wooden planks at the end of each work day to assist with avoiding entrapment of wildlife. Escape ramps or covered open trenches will help prevent injmy or mortality of wildlife resulting from falling into trenches and becoming trapped.

Trenches will be inspected for the presence of federally-listed species at the beginning of each workday by a designated person trained by the Service-approved biologist. This person will report daily during construction to the Service-approved biologist on the findings of these inspections and daily monitoring.

5) The contractor will ensure that food scraps and other trash from the project are deposited in covered or closed trash containers. The trash containers will be removed from the project site at the end of each working day.

6) All material and debris generated as a result of project construction will be removed from the site and disposed of in an approved location outside of U.S. Army Corps of Engineers jurisdiction.

7) To minimize air pollution, dust control will occur as needed on active work areas where dirt or fine particles are exposed. Operators will avoid leaving equipment and vehicles idling for more than five minutes when parked or not in us.

8) Additional measures, including a storm water pollution prevention plan (SWPPP) that are required by Clean Water Act Section 402 (NPDES) and are routinely included in FHWA projects, will be addressed.

9) Appropriate permits to comply with Section 404 and Section 401 of the Clean Water Act will be obtained.

N01thern Spotted Owl

1) Tree removal will not be conducted along the project corridor within the areas identified as nesting/roosting habitat (PM 10 to PM 12) during the nesting season (Februaiy 1-August 1).

This will minimize the potential for direct effects to the species by not allowing removal of a nesting or roosting tree during the breeding season.

2) During tree removal activities, attempts will be made to avoid removing large, mature trees to the greatest extent practicable. However, this will be done on a case-by-case basis. No specific areas or trees that may be avoided have been identified.

California Red-legged Frog

1) A biological monitor will be present on site to monitor for California red-legged frog during construction. The monitor will be approved by the Set-vice at least 15 days before constmction begins. Credentials and experience must be supplied to the Service.

2) A Set-vice-approved biologist will search all suitable habitat areas including within 300 feet of any drainage or identified wetland within the project area for California red-legged frogs prior to project activities each day and after rain events, and will be present on site during all project activities. The approved biologist will have the authority to stop any work that may result in the take of any California red-legged frog.

3) For all activities occurring within the bed or bank of a drainage, daily constmction monitoring by a qualified biologist will be required.

4) Constmction will only occur during daylight hours.

5) No construction staging will occur in wetlands.

6) California red-legged frogs found within the project area will be captured by the approved biologist and held for the mininmm amount of time necessary to release them in a suitable habitat outside of the construction work area as described below. Suitable release sites will be identified by the Service-approved biologist prior to the start of construction.

a) California red-legged frogs will be captured using nets or by hand. The biologist will avoid reaching for the frog by the tail, head, or limbs. The duration of handling individuals will be limited to the maximum extent possible. Captured adults will be kept moist, cool, and in an aerated environment, such as a bucket containing a damp sponge or cloth, and periods of direct sun exposure will be minimized. Time in captivity will be minimized to the extent practicable.

b) Individual animals will not be placed in positions/ containers where they may physically contact other individuals.

c) Multiple captured California red-legged frogs will not be released to the same location.

d) California red-legged frogs will be relocated upstream or downstream (not more than ¼ mile) of the work area to the closest suitable habitat for their life cycle. Suitable habitat will be identified prior to the start of activities and will be equivalent to the habitat (topography, exposure, vegetation) where the frog was found. The Set-vice-approved biologist will monitor any translocated animal until it is determined that the frog is not imperiled by predators or other dangers

e) Only Set-vice-approved biologists for the project will capture California red-legged frog.

Soaps, oils, creams, lotions, repellents, or solvents of any sort will not be used on hands within two hours before and during periods when they are capturing and relocating animals.

To avoid transferring disease (e.g., chytrid fungus) or pathogens between sites during the course of handling the animals, the biologists will take appropriate measures to disinfect all equipment and clothing, such as those described in the Declining Amphibian Population Task Force's Code.

f) Pictures and GPS points will be taken of the frog, the capture site, and the relocation site.

Observations will be recorded on California Natural Diversity Database field sheets and sent to CDFW. The Set-vice will be notified within one day of relocating individuals.

7) Any dewatering using pumps will include screening not to exceed 0.2 inch mesh size. Pump intakes will be placed in larger, perforated intake basins to allow water to be drawn into the pump while protecting aquatic organisms from entrainment. Both the outside of the intake basin and the pump intake will be screened. The perforated intake basin will be large enough to reduce the intake velocity so as not to impinge aquatic organisms on the screen.

8) Ground-disturbing activities will be restricted to the dry season at approximately PM 4.2 -4.3, PM 8.5 -10.1, PM 10.5 -10.6, and PM 11.5 -11.6 to avoid the period when California red legged frogs could be actively breeding and dispersing to riparian habitats. Restrictions include no work between October 15 and June 15 for aquatic breeding areas.

9) Prior to any ground disturbance on the project site, the boundary of the construction footprint will be clearly delineated with orange-colored plastic construction fencing ( environmentally sensitive area fencing) or solid barriers adjacent to wetlands to prevent workers or equipment from inadvertently straying from the project area.

10) Impacts to overhanging riparian vegetation will be minimized to the maximum extent practicable to allow equipment access to the creek.

11) Mitigation for permanent impacts to California red-legged frogs will be completed through a combination of conservation banking and onsite restoration and creation. Specifically, the 0.28 acre of permanent impacts to aquatic breeding habitat will be mitigated through the creation two breeding ponds. The ponds would be approximately 0.35 acre and 0.53 acre in size; totaling 0.88 acre of aquatic breeding habitat creation. Constrnction of the two ponds would provide mitigation in excess of the required 3:1 ratio. Additionally, permanent impacts to upland habitat will be mitigated through purchasing credits at a Service-approved conset-vation bank at a ratio of 1.25:1. Based on this ratio, approximately 11.96 acres of credits would be purchased to account for the associated upland habitat impacts.

Monitoring and Reporting

Monitoring will occur for a minimum of three years and a maximum of five years, beginning when seeding has been completed. Monitoring will continue until success criteria, as documented below, has been achieved and documented for each pond, at which point the mitigation will be considered successful. Monitoring reports will be submitted to the Service by August 15 of the year following the winter breeding season (December-March) sm-vey period.

S ttccess Ctite,ia

1) Ponds are visually inspected for signs of excessive infiltration. If no excessive infiltration is apparent, and the pond is holding water as designed, then this criterion is considered fulfilled.

Nate Allen, P.E 10

2) Conduct monitoring for visual presence of California red-legged frog at least two times each year during the winter breeding months to confirm use of ponds by California red-legged frog. Visual Encounter Surveys for tadpoles using dipnets will be conducted. Visual Encounter Surveys survey methods for California red-legged frog tadpoles work well for detecting presence and work well in many types of habitat for several months each year.

3) Emergent vegetation around pond perimeter should have vegetative cover ranging from 5-40 percent (Ford, et al., 2013). Monitoring will document species composition and ocular estimates of total canopy coverage twice per year, including once when conducting visual presence of California red-legged frog surveys during winter months.

Remediation and Contingenry Plan

In the event that the mitigation site or sites do not function in accordance with the measures identified previously, and it does not appear that they will meet established success criteria, a plan of action will be developed. The reason for not meeting the criteria will be evaluated and corrected. If significant measures are needed, a strategy will be developed in coordination with the Service and Point Reyes National Seashore staff to determine appropriate remedial actions.

Action Area

The action area is defined in 50 CFR § 402.02, as "all areas to be affected directly or indirectly by the Federal action and not merely the immediate area involved in the action." For the proposed project, the action area encompasses the entire 12 miles of Sir Frances Drake Boulevard (Figure 1) including all access and staging areas. The action area beyond the constmction footprint has the potential to be affected by noise, visual disturbance, hydrology changes, barrier effects, and changes in water quality that may result from project activities.

Analytical Framework for the Jeopardy Determination

The following analysis relies on four components to support the jeopardy determination for the California red-legged frog: (1) the Stattts if the Species, which evaluates the species' range wide condition, the factors responsible for that condition, and their survival and recovery needs; (2) the Environmental Baseline, which evaluates the condition of these species in the action area, the factors responsible for that condition, and the role of the action area in the species' survival and recovery;

(3) the Effects if the Action, which determines the direct and indirect effects of the proposed Federal action and the effects of any interrelated or interdependent activities on these species; and ( 4) Ctmmlative Effects, which evaluates the effects of future, non-Federal activities in the action area on these three species.

In accordance with the implementing regulations for Section 7 and Sei-vice policy, the jeopardy determination is made in the following manner: the effects of the proposed Federal action are evaluated in the context of the aggregate effects of all factors that have contributed to the current status of the California red-legged frog. Additionally, for non-Federal activities in the action area, we will evaluate those actions likely to affect the species in the future, to determine if implementation of the proposed action is likely to cause an appreciable reduction in the likelihood of both its s111vival and recovery in the wild.

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Nate Allen, P.E 12

The following analysis places an emphasis on using the range-wide smvival and recovery needs of the California red-legged frog, and the role of the action area in providing for those needs as the context for evaluating the significance of the effects of the proposed Federal action, taken together with cumulative effects, for purposes of making the jeopardy determination.

Status of the Species

California Red-Legged Frog

Listing Stat11s

The California red-legged frog was listed as a threatened species on May 23, 1996 (Service 1996).

Critical habitat was designated for this species on April 13, 2006 (Set-vice 2006), with revisions to the critical habitat designation published on March 17, 2010 (Set-vice 2010). At that time, the Service recognized the taxonomic change from Rana attrora drqytonii to Rana drqytonii (Shaffer et al. 2010). A recovety plan was published for the California red-legged frog on September 12, 2002 (Set-vice 2002).

Description

The California red-legged frog is the largest native frog in the western United States (Wright and Wright 1949), ranging from 1.5 to 5.1 inches in length (Stebbins 2003). The abdomen and hind legs of adults are largely red, while the back is characterized by small black flecks and larger irregular dark blotches with indistinct outlines on a brown, gray, olive, or reddish background color. Dorsal spots usually have light centers (Stebbins 2003); dorsolateral folds are prominent on the back. The California red-legged frog is sexually dimorphic; the females are larger than the males (Dodd 2013a, b). California red-legged frog tadpoles range from 0.6 inch to 3.1 inches in length and the background color of the body is dark brown and yellow with darker spots (Storer 1925).

Cttrre!lt Stat11s and Disttibt1tio11

The historical range of the California red-legged frog extended from central Mendocino County and western Tehama County south in the California Coast Range to northern Baja California, Mexico, and in the Sierra Nevada/Cascade Ranges from Shasta County south to Madera County (Jennings and Hayes 1994). The species histotically occmred from sea level to elevations of about 5,200 feet in 46 counties; however, cmrently the taxon is extant in 238 streams or drainages within only 22 counties, representing a loss of 70 percent of its former range (Set-vice 2002). Currently, the California red-legged frog is widespread in the San Francisco Bay nine-county area (CDFW 2017).

They are still locally abundant within the California coastal counties from Mendocino County to Los Angeles County, excluding Orange and San Diego Counties (CDFW 2017; Gordon, R. and J.

Bennett, pers. comm., 2017). Isolated populations persist in several Sierra Nevada foothill locales and in Riverside County (Barty and Fellers 2013; Backlin et al. 2017; CDFW 2017). Baja California represents the southernmost edge of the species' cm-rent range (Peralta-Garcia et al. 2016).

Barty and Fellers (2013) conducted a comprehensive study to determine the current range of the California red-legged frog in the Sierra Nevada, concluding that it differs little from its historical range; however, the current Sierra Nevada populations appear to be small and tend to fluctuate.

Since 1991, eleven California red-legged frog populations have been discovered or confirmed, Nate Allen, P.E 13 including eight probable breeding populations (Barry and Fellers 2013; J. Mabe, pets. comm., 2017).

Microsatellite and mitochondrial DNA analysis by Richmond et al. (2014) confirmed the Sierra Nevada populations of the California red-legged frog are genetically distinct from each other, as well as from other populations throughout the range of this species.

Habitat and Life History

The California red-legged frog generally breeds in still or slow-moving water associated with emergent vegetation, such as cattails, tules (hardstem bulrush), or overhanging willows (Storer 1925;

Fellers 2005). Aquatic breeding habitat predominantly includes permanent water sources such as streams, marshes, and natural and manmade ponds in valley bottoms and foothills CT ennings and Hayes 1994; Bulger et al. 2003; Stebbins 2003). Since the 1850's, manmade ponds may actually supplement stream pool breeding habit and can be capable of supporting large populations of this species. Breeding sites may hold water only seasonally, but sufficient water must persist at the beginning of the breeding season and into late summer or early fall for tadpoles to successfully complete metamotphosis. Breeding habitat does not include deep lacustrine water habitat ( e.g., deep lakes and reservoirs 50 acres or larger in size) (Service 2010). Aquatic breeding habitat does not need to be available every year, but it must be available at least once within the frog's lifespan for breeding to occur (Service 2010).

Non-breeding aquatic habitat consists of shallow (non-lacustrine) freshwater features not suitable as breeding habitat, such as seasonal streams, small seeps, springs, and ponds that dry too quickly to support breeding. Non-breeding aquatic and riparian habitat is essential for providing the space, food, and cover necessary to sustain the California red-legged frog. Riparian habitat consists of vegetation growing nearby, but not typically in, a body of water on which it depends, and usually extends from the bank of a pond or stream to the margins of the associated floodplain (Service 2010).

Cover and refugia are important habitat characteristic preferences for the species (Halstead and Kleeman 2017). Refugia may include vegetation, organic debris, animal burrows, boulders or rocks, industrial debris, or any other object that provides cover. Agricultural features such as watering troughs, spring boxes, abandoned sheds, or haystacks may also be utilized by the species. Incised stream channels with portions narrower and depths greater than 18 inches may also provide important summer sheltering habitat. During periods of high water flow, California red-legged frogs are rarely observed; individuals may seek refuge from high flows in pockets or small mammal burrows beneath banks stabilized by shrubby riparian growth Gennings and Hayes 1994).

Accessibility to cover habitat is essential for the survival of California red-legged frogs within a watershed and can be a factor limiting frog population numbers and smvival.

The California red-legged frog typically breeds between November and April; however, breeding may occur later in the Sierra Nevada Range (Batty 2002). Females deposit their egg masses on emergent vegetation, floating on or near the surface of the water. The California red-legged frog is often a prolific breeder, laying eggs during or shortly after large rainfall events in late winter and early spring. Egg masses containing 300-4,000 eggs hatch after six to fomteen days (Storer 1925;

Jennings and Hayes 1994; Fellers 2005). Historically, the California red-legged frog in the Sierra Nevada likely bred within stream pools, which tend to be small with limited forage, constraining the size and number of populations (Barry and Fellers 2013).

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California red-legged frog tadpoles undergo metamorphosis three to seven months following hatching. Most males reach sexual maturity in two years, while it takes approximately three years for females (Jennings and Hayes 1985; Fellers 2005). Under favorable conditions, California red-legged frogs may live eight to ten years (Jennings et al. 1992). Of the various life stages, tadpoles likely experience the highest mortality rates; only one percent of each egg mass completes metamorphosis (Jennings et al. 1992).

The California red-legged frog has a variable diet that changes with each of its life histoty stages.

The feeding habits of the early stages are likely similar to other ranids, whose tadpoles feed on algae, diatoms, and detritus by grazing on the surface of rocks and vegetation (Fellers 2005). Hayes and Tennant (1985) found invertebrates to be the most common food items of adult California red legged frogs collected in southern California; however, they speculated that this was opportunistic and varied based on prey availability. Vertebrates, such as Pacific tree frogs (Hyla regilla) and California mice (Pero11rysct1s californictts), represented over half of the prey mass eaten by larger frogs, although invertebrates were the most numerous food items. Feeding typically occurs along the shoreline and on the surface of the water; juveniles appear to forage during both daytime and nighttime, whereas adults appear to feed at night (Hayes and Tennant 1985).

California red-legged frogs do not have a distinct breeding migration (Fellers 2005), rather they may move seasonally from non-breeding pools or refugia to breeding pools. Some individuals remain at breeding sites year-round while others disperse to neighboring water features or moist upland sites when breeding is complete and/ or when breeding pools dry (Set-vice 2002; Bulger et al. 2003; Fellers and Kleeman 2007; Tatarian and Tatarian 2008; Tatarian 2008). Studies in the several San Francisco Bay counties showed movements are typically along riparian corridors (Fellers and Kleeman 2007;

Tatarian 2008). Although, some individuals, especially on rainy nights and in more mesic areas, travel without apparent regard to topography, vegetation type, or riparian corridors, and can move directly from one site to another through normally inhospitable habitats such as heavily grazed pastures or oak-grassland savannas (Bulger et al 2003).

California red-legged frogs show high site fidelity (Tatarian and Tatarian 2008) and typically do not move significant distances from breeding sites (Bulger et al. 2003; Fellers and Kleeman 2007;

Tatarian and Tatarian 2008; Tatarian 2008). When traveling between aquatic sites, California red legged frogs typically travel less than 0.31 miles (Fellers and Kleeman 2007; Tatarian and Tatarian 2008), although they have been documented to move more than two miles in Santa Cruz County (Bulger et al. 2003). Various studies have found that the frogs typically do not make terrestrial forays further than 200 feet from aquatic habitat (Bulger et al. 2003; Fellers and Kleeman 2007; Tatarian and Tatarian 2008; Tatarian 2008). Upland movements are typically associated with precipitation events and usually last for one to four days (Tatarian 2008).

Threats

Factors associated with declining populations of the California red-legged frog throughout its range include degradation and loss of habitat through agriculture, urbanization, mining, overgrazing, recreation, timber hat-vesting, non-native plants, impoundments, water diversions, degraded water quality, use of pesticides, and introduced predators (Service 2002). Urbanization often leaves isolated habitat fragments and creates barriers to frog dispersal.

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Non-native species pose a major threat to the recovery of California red-legged frogs. Several researchers have noted the decline and eventual local disappearance of California and northern red legged frogs in systems supporting bullfrogs Gennings and Hayes 1990; Twedt 1993), red swamp crayfish, signal crayfish, and several species of warm water fish including sunfish, goldfish, common carp, and mosquitofish (Moyle 1976; Barry 1992; Hunt 1993; Fisher and Shaffer 1996). The decline of the California red-legged frog due to these non-native species has been attributed to predation, competition, and reproduction interference (Twedt 1993; Buty and Whelan 1984; Storer 1933;

Emlen 1977; K1use and Francis 1977;Jennings and Hays 1990;Jennings 1993).

Chytridiomycosis, an infectious disease caused by the chytrid fungus, Batrachocl?Jtrittm dendrobatidis (Bd), has been found to adversely affect amphibians globally (Davidson et al. 2003; Lips et al. 2006).

While Bd prevalence in wild amphibian populations in California is unknown (Fellers et al. 2011), chytrid is expected to be widespread throughout much of the California red-legged frog's range. The chytrid fungus has been documented within the California red-legged frog populations at Point Reyes National Seashore, two properties in Santa Clara County, Yosemite National Park, Hughes Pond, Sailor Flat, Big Gun Diggings, and Spivey Pond (Padgett-Flohr and Hopkins 2010; Tatarian and Tatarian 2010; Fellers et al. 2011; Barry and Fellers 2013). However, no chytrid-related mortality has been reported in these populations, suggesting that California red-legged frogs are less vulnerable to the pathogenic effects of chytrid infection than other amphibian species (Tatarian and Tatarian 2010; Barry and Fellers 2013; Fellers et al. 2017). While chytrid infection may not directly lead to mortality in California red-legged frogs, Padgett-Flohr (2008) states that this infection may reduce overall fitness and could lead to long-term effects. Therefore, it is difficult to estimate the full extent and risk of chytridiomycosis to the California red-legged frog populations.

Recovery Plan

The Recovery Plan for the California red-legged frog identifies eight recovery units (Service 2002).

Based on various regional areas of the species' range, the establishments of these recovery units are essential to its sui-vival and recovery. The goal of the recovery plan is to protect the long-term viability of all extant populations within each recovery unit. Within each recovery unit, delineated core areas, designed to protect metapopulations, represent contiguous areas of moderate to high California red-legged frog densities. The management strategy identified within this Recovery Plan will allow for the recolonization of habitats within and adjacent to core areas naturally subjected to periodic localized extinctions, thus assuring the long-term survival and recovery of California red legged frogs.

California Red-Legged Frog Critical Habitat

The Se1-vice designated critical habitat for the California red-legged frog on April 13, 2006 (71 FR 19244) (Service 2006) and a revised designation to the critical habitat was published on March 17, 2010 (75 FR 12816) (Service 2010). At this time, the Service recognized the taxonomic change from Rana autora draytonii to Rana draytonii (Shaffer et al. 2010). Critical habitat is defined in Section 3 of the Act as: (1) The specific areas within the geographical area occupied by a species, at the time it is listed in accordance with the Act, on which are found those physical or biological features (a) essential to the conse1-vation of the species and (b) that may require special management considerations or protection; and (2) specific areas outside the geographical area occupied by a species at the time it is listed, upon a determination that such areas are essential for the conse1-vation of the species. In determining which areas to designate as critical habitat, the Se1-vice considers those physical and biological features that are essential to a species' conse1vation and that may require special management considerations or protection (SO CFR 424.12(6)). The Service is required to list the known Primary Constituent Elements (PCE's) together with the critical habitat description. Such physical and biological features include, but are not limited to, the following:

1. Space for individual and population growth, and for normal behavior;

2. Food, water, air, light, minerals, or other nutritional or physiological requirements;

3. Cover or shelter;

4. Sites for breeding, reproduction, rearing of offspring, or dispersal; and

5. Generally, habitats that are protected from disturbance or are representative of the historic geographical and ecological distributions of a species.

The PCE's defined for the Califomia red-legged frog was derived from its biological needs. The area designated as revised critical habitat provides aquatic habitat for breeding and non-breeding activities and upland habitat for shelter, foraging, predator avoidance, and dispersal across its range.

The PCE's and, therefore, the resulting physical and biological features essential for the conse1vation of the species were determined from studies of California red-legged frog ecology.

Based on the above needs and our current knowledge of the life history, biology, and ecology of the species, and the habitat requirements for sustaining the essential life-history functions of the species, the Service determined that the PCE's essential to the conse1vation of the California red-legged frog are:

1. Aquatic Breeding Habitat. Standing bodies of fresh water (with salinities less than 7.0 parts per thousand), including: natural and manmade (e.g., stock) ponds, slow-moving streams or pools within streams, and other ephemeral or permanent water bodies that typically become inundated during winter rains and hold water for a minimum of 20 weeks in all but the driest of years.

2. Non-Breeding Aquatic Habitat. Freshwater and wetted riparian habitats, as described above, that may not hold water long enough for the subspecies to hatch and complete its aquatic life cycle but that do provide for shelter, foraging, predator avoidance, and aquatic dispersal for juvenile and adult California red-legged frogs. Other wetland habitats that would be considered to meet these elements include, but are not limited to: plunge pools within intermittent creeks; seeps; quiet water refugia during high water flows; and springs of sufficient flow to withstand the summer dry period.

3. Upland Habitat. Upland areas adjacent to or surrounding breeding and non-breeding aquatic and riparian habitat up to a distance of 1 mile in most cases and comprised of various vegetational series such as grasslands, woodlands, wetland, or riparian plant species that provide the frog shelter, forage, and predator avoidance.